While everyone looks forward to a favorable personal injury claim, it is not always the case. Various elements can contribute to this denial, including statute of limitations, pre-existing conditions, lack of insurance coverage, and contributory negligence. Any fraudulent claims could also result in denying your personal injury claim. However, there is room for an appeal in case of an unfavorable outcome. Here are the steps to follow.
Consult With Your Attorney
An attorney is in a better position to understand the elements of personal injury claim denial. This lawyer will illustrate your rights and provide suitable guidance, ensuring that you make informed decisions in the long run. In addition, this professional will evaluate the grounds for the denial, giving clear insights into what steps to take next.
Understanding the grounds for the denial will ensure that you make informed decisions. Besides, an experienced attorney from an auto accident law firm in Hackensack, NJ, will ensure you understand your rights and the most rewarding steps to consider.
Review the Denial Letter
An in-depth review of the denial letter will provide insights into the mistakes you must have made in the initial stages. This review will also guarantee insights into the best approach to consider when appealing your case. Always read it carefully, preferably with your attorney.
Reviewing the letter will ensure you understand the timelines provided for your appeal. You will also understand what the case focused on, including the merits and demerits of your argument. This way, it becomes easier to strengthen your strategy, boosting your odds in the long run.
Gather Additional Evidence
Insufficient evidence is among the main contributors to a personal injury claim denial. Investing in additional evidence will help strengthen your case during an appeal. After receiving the denial letter, it would be wise to consider gathering enough evidence to support your claim, preferably from eyewitnesses and expert witnesses.
According to New Jersey laws, you must provide accurate and convincing information to boost your chances of winning. You could also provide medical reports to show you received treatment on time. This treatment must be directly linked to the accident. The character of your witnesses should also be of no question.
File Your Appeal
Once you have the required evidence, you can submit your appeal to the right agency. Usually, it would be best to submit it to the same court or a higher one in New Jersey. Filing your request with a higher court will be ideal, as it guarantees better chances of overturning the previous court’s ruling.
Ensure that you make no mistakes when filing this appeal. Use the correct documents, including attaching all the relevant evidence. You should also deliver the request within the required timelines to avoid legal complications. At the same time, use the stipulated method of submitting this appeal to the courts in New Jersey.
Attend the Hearing
Upon submitting your request, the agency, including the courts, will invite you to a hearing. New Jersey shall allow you to present evidence and argue your case again. During such times, it would help if you considered the services of an attorney. An experienced and knowledgeable personal injury attorney should guarantee better odds while representing you. After that, you will wait for the decision. This decision usually takes a few days. It illustrates the amount of compensation you can get from the defendant.
Appealing a personal injury claim can be time-consuming and strenuous. Yet, it is essential for anyone looking for justice. You will require an experienced and preferably specialized attorney during this period. With suitable representation, you are confident of better odds.
